A.    Principles------------------------------------------------------------------------------------------- 1

    B.    Priorities-------------------------------------------------------------------------------------------- 1-2

    C.    Tax Increment Financing (TIF)------------------------------------------------------------------ 2

    A.    Special Consideration for Retail Developments----------------------------------------------- 2

    B.    Types of Retail Projects--------------------------------------------------------------------------- 3

    C.    Development Assistance-------------------------------------------------------------------------- 3

    D.    Analysis--------------------------------------------------------------------------------------------- 3

    E.    Forms of Incentives-------------------------------------------------------------------------------  4

    F.    Performance Based Incentives-----------------------------------------------------------------  4-5

    G.    Applications----------------------------------------------------------------------------------------  5

    H.    Other Information---------------------------------------------------------------------------------  5

The City of Lawton is committed to the promotion of high quality retail development in all parts of the City and to ongoing improvement in the quality of life for its citizens.

This policy is established in an effort to develop and expand the local economy by promoting an encouraging retail development and redevelopment projects that enhance the City's economic base through the expansion and diversification of job opportunities and new private investment.

In furtherance of these goals, the City of Lawton will consider, on a case-by-case basis, requests for economic development assistance to private retail business entities in order to make possible project that would not otherwise occur.

Nothing in this policy is intended to imply that the City is under any obligation to provide economic development assistance to any applicant.  All applicants shall be considered on a case-by-case basis.  The decision to provide economic development assistance shall be at the sole discretion of the City Council.  Any applicant granted economic development assistance must enter into an agreement with the City of Lawton, or a public trust who sole beneficiary is the City of Lawton, which contains all terms required by State statutes, City Code, this Policy, and other applicable law, in order to protect the public interest in ensuring an adequate public benefit in exchange for the investment of public funds, assets or services in the economic development project.

    1.    The City's credit and financial interest shall never be placed at risk.

    2.    The project must promote the public health, safety, security, prosperity and general welfare of the community.

    3.    The project must offer opportunities not currently available.

    4.    The City must have a legal interest in the land upon which any public infrastructure is constructed.

    1.    Primary consideration may be given to development and redevelopment activities located in areas targeted for development and redevelopment in the City's general plan, such as blighted areas, urban renewal project areas, established "enterprise zones" or established "tax increment finance district".  Consideration shall also be given to projects that will make a unique or unequaled contribution to development or redevelopment efforts in the City, due to the project's magnitude, significance to the community or aesthetic quality.

    1.    To receive an allocation of TIF revenues, an investment must meet the public policy objectives set forth in the project plan for the particular TIF district where the project is located.

    2.    The TIF revenues may be used to pay project costs as defined by the Local Development Act (62 O.S. Section 853(14)).  The City's preferred method for providing TIF assistance to a project is for the TIF revenues to be paid over time as the developer or redeveloper performs on covenants meeting the public policy objectives, with the performance providing the public benefits to the City and the public.

The Lawton Economic Development Authority (LEDA) shall be responsible for initial review of all retail development proposals submitted to the City of Lawton.  LEDA will act as a recommending body to the City Council and will prepare a evaluation report based on the information contained in the application.

For the purposes of this policy, a development is considered "retail" if the majority of its usable space is leased or owned by a business which falls within one of the Standard Industrial Codes (SIC) categories shown on "Attachment A".

    1.    Public financial support for retail developments shall be given to redevelopment projects located in areas that have already been identified as areas needing assistance for development, is defined as:  an urban renewal project area, an enterprise zone, or a tax increment finance district.

    2.    Public financial support may be given to development and redevelopment projects and activities located in other areas specifically targeted for commercial development and redevelopment in the City's general plan, especially: (re)development on a Brownfield site, (re)development of vacant or derelict buildings, redevelopment or under performing and older commercial/retail centers, and (re)development of neighborhood with little or no shopping or retail development to serve the local population.

    3.    Public financial support may also be considered to retail development in other areas of the City.

    1.    Retail Projects:  A Regional Retail Project is a development that contains a retailer or group of retailers who will offer products or goods (subject to sales tax).  A regional retailer is expected to attract new sales tax dollars or retain sales tax dollars that may otherwise go to a nearby cities or metropolitan area.  In addition, A Regional Retail Project is defined as a development that contains at least 50,000 square feet of net usable retail space and contains a minimum of five (5) acres of developmental land area.

    2.    Neighborhood Retail Projects:  A Neighborhood Retail Project is defined as a project that provides retail service to a designated redevelopment neighborhood, approved by the City or established by the formation of a T.I.F. District.  This neighborhood retail development must have at least 10,000 net usable square feet of retail space or must have the capacity to expand to provide essential projects for area residents.

    1.    Cost of the development assistance (including labor costs of City Staff)

    2.    Cost of city services such as police and fire.

    3.    Wear and tear on City streets and roads and current carrying capacity.

    4.    Increased burden on water, sewer and storm systems.

    5.    Estimated "transfer losses" from existing merchants.

     *    Public roadways

     *    Traffic signals

     *    City utility extensions

     *    Drainage improvements

     *    Streetscape improvements in or around the development that encourages pedestrian traffic.

     *    Extended public transportation network

     *    Parking garage

     *    Installation of fire hydrants and related infrastructure

Provision of public infrastructure, whether funded by TIF revenues or by other means, shall be the City's generally preferred method of providing assistance to retail development projects, even in areas other than urban renewal project areas.  The City, a public trust with the City as it s beneficiary, or the Lawton Urban Renewal Authority (LURA) may construct public improvements on publicly owned land or easements.  These improvements will be constructed using any legally applicable competitive bidding process.  

    2.    Assistance with public process including permitting, zoning, codes, site plan approval and site inspections (no waivers or variances unless authorized by code will be considered).

    3.    Site acquisition (urban renewal area only).

    4.    Site preparation for contaminated Brownfield or downtown infill projects.

    City of Lawton

    212 SW 9th Street

    Lawton, Oklahoma 73501

    Attn:  City Manager

A one time non-refundable application fee of $750.00 shall accompany all applications.  The attached form "Attachment B" shall be used.  Applications will be reviewed to determine if the development meets the guidelines of this policy.  The Lawton Economic Development Authority will perform the initial review of all retail development applications and the Lawton Industrial Development Authority (LIDA) will perform the initial review for all industrial development applications.  If the development meets the requirements of this policy, the City Attorney's office will prepare an Economic Development Agreement (EDA) containing at a minimum performance standard, a development time line and base line standard for initiation of payment of possible incentives.  All proposed EDA's will be reviewed by the City's bond counsel to insure that the proposed agreement does not adversely affect the City's ability to issue nontaxable municipal bonds now or in the future.  The agreement will be forwarded to the City Council for approval; however, if the EDA is for a time period that extends beyond the end of the current City fiscal year, the Council will refer the agreement to the Lawton Economic Development Authority or another City beneficiary trust to carry out the multi-year aspects of the agreement.

Attachment A

Listing of Retail Standard Industrial Codes (SIC)

Source:  U.S. Security and Exchange Commission - http://www.sec.gov/info/edgar/siccodes.htm

5200        RETAIL -BUILDING MATERIALS, HARDWARE, GARDEN SUPPLY

5211        RETAIL-LUMBER & OTHER BUILDING MATERIALS DEALERS

5271        RETAIL-MOBILE HOME DEALERS

5311        RETAIL-DEPARTMENT STORES

5331        RETAIL-VARIETY STORES

5399        RETAIL-MISC GENERAL MERCHANDISE STORES

5400        RETAIL-FOOD STORES

5411        RETAIL-GROCERY STORES

5412         RETAIL-CONVENIENCE STORES

5500        RETAIL-AUTO DEALERS AND GASOLINE STATIONS

5531        RETAIL-AUTO & HOME SUPPLY STORES

5600        RETAIL-APPAREL & ACCESSORY STORES

5621        RETAIL-WOMEN'S CLOTHING STORES

5651        RETAIL-FAMILY CLOTHING STORES

5661        RETAIL-SHOE STORES

5700        RETAIL-HOME FURNITURE, FURNISHINGS & EQUIPMENT STORES

5712        RETAIL-FURNITURE STORES

5731        RETAIL-RADIO, TV & CONSUMER ELECTRONICS STORES

5734        RETAIL-COMPUTER & COMPUTER SOFTWARE STORES

5735        RETAIL-RECORD & PRERECORDED TAPE STORES

5810        RETAIL-EATING & DRINKING PLACES

5812        RETAIL-EATING PLACES

5900        RETAIL-MISCELLANEOUS RETAIL

5912        RETAIL-DRUG STORES AND PROPRIETARY STORES

5940        RETAIL-MISCELLANEOUS SHOPPING GOODS STORES

5944        RETAIL-JEWELRY STORES

5945        RETAIL-HOBBY,TOY & GAMES SHOPS

5960        RETAIL-NONSTORE RETAILERS

5961        RETAIL-CATALOG & MAIL-ORDER HOUSES

5990        RETAIL-RETAIL STORES, NEC

Attachment B

The City of Lawton

Retail Incentive Application

1.     Property Owner:

    Contact Person:

    Address:

    City:                    Zip:        

    Phone:                    (Day)                         (Cell)

    Email:

2.     Developer:

    Contact Person:

    Address:

    City:                    Zip:        

    Phone:                    (Day)                         (Cell)

    Email:

3.     Leasing Agent (If Applicable):

    Contact Person:

    Address:

    City:                    Zip:        

    Phone:                    (Day)                         (Cell)

    Email:

4.     Location of Development:

5.     Project Engineer:

6.     Architect:

7.     Provide Brief Description of Development:

8.     Total Square Footage In Building/Development:

12.     Proposed Improvements (Please attach drawings)

13.     Describe Proposed Public Improvements:                Estimated Cost:

    (Such as Road, Water, Sewer, Traffic, Improvements, etc.)

14.     Describe Potential Private Improvements:                Estimated Cost:

15.     Describe Anticipated Project Timeline (days) (e.g. site prep, design, permitting, construction etc)

16.     Projected Construction Start Date

I hereby certify that the aforementioned information, under penalty of law, is true and correct to the best of my knowledge.

X__________________________________

Certified this _____ day of _______________, 20___.

X____________________________________________________________________________

  Name and Title